Breath Test Criminal Defense

“We will have to do some tests to make sure you are okay to drive.” Did the police officer who pulled you over say this or something similar? Did you believe it? Far too often, officers take non-testimonial evidence during traffic stops – such as performing field sobriety tests or portable breath tests – without informing the individuals subjected to these tests that they do not have to participate.

DUI/DWI tests such as portable breath tests and field sobriety tests are designed to incriminate you. And, many times, officers do not say what they are supposed to say or do to give you a fair chance. At the law firm of Green & Ritchie, PLLC, our Vancouver, Washington, breath test lawyers are former prosecutors who know how police officers are supposed to perform these tests. We use that information to build a comprehensive DUI or DWI defense.

BAC Machine Breath Tests

Like field sobriety tests, there are very technical statutory requirements that police officers must follow when using a BAC DataMaster. However, officers often cut corners as they churn out DUIs or simply don’t know the law. If the officer did not follow proper procedure during your traffic stop, your test may be inadmissible as evidence against you.

Similarly, the BAC machine may give a deceptively high result if you have alcohol in your mouth, rather than reading the blood alcohol concentration (BAC) on your breath alone. In these cases, we will bring evidence to show that your breath test results are inadmissible.
Washington Breathalyzer Lawyers Challenging The Reliability Of BAC Testing

Our lawyers are up to speed on the latest litigation involving the reliability of the BAC DataMaster and state toxicology lab testing methods. We have also participated in several joint motions challenging the admissibility of breath tests and the state’s refusal to provide breath test error rates.